New York Order of Fact-Finding and Disposition

Fact Finding Hearing Evidence is heard, which will normally include parties being cross-examined. After having heard the evidence, the judge will decide whether the alleged incidents happened or not.This means that the judge will consider whether it is more likely than not that the allegations are true.

Dispositional hearing: Hearings to determine what needs to happen with the child and the family while the case is in discussion (e.g., where the child will live, who will have legal custody, and what services are needed to reduce the risk and to address the effects of maltreatment).

The fact finding hearing is a trial at which CPS or ACS will try to prove that abuse or neglect have occurred. If ACS or CPS fails to prove at least one of the allegations, the petition will be dismissed. ACS or CPS may only introduce evidence of events that occurred on or before the date the petition was filed.

Fact Finding Hearing Evidence is heard, which will normally include parties being cross-examined. After having heard the evidence, the judge will decide whether the alleged incidents happened or not. Most commonly, these allegations concern domestic abuse.

Depending on the case, they may last from half a day to the longest I have done, six days. The process is very similar to a Final Hearing, in that the Applicant is sworn in, questioned by the other side and then the Judge, and then any witnesses for the Applicant are sworn in and questioned.

: the act or process of determining the facts and often the issues involved in a case, situation, or relationship specifically : a method of labor dispute resolution in which an impartial factfinder holds hearings and from the evidence gathered makes determinations as to the facts and issues of the dispute and

Disposition is the part of the case where the judge will decide what you should do to make things better for your family and your child. This is called the reunification plan. It will include: Decisions about where your child should live (this is called placement).

If ACS decides there is some credible evidence that your children have been NEGLECTED or ABUSED , your case is indicated. ACS has to complete their investigation within 60 days. Then ACS will decide whether your case is indicated or unfounded and will send you a letter with this information.